U.S. v. PHILLIPS

No. 98-1616.

185 F.3d 183 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin June PHILLIPS, Defendant, v. Marvin June Phillips, Sr., Claimant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 16, 1999.


Attorney(s) appearing for the Case

ARGUED: Milton Gordon Widenhouse, Jr., Rudolf & Maher, P.A., Chapel Hill, North Carolina, for Appellant. Stephen Aubrey West, Assistant United States Attorney, Civil Division, Raleigh, North Carolina, for Appellee. ON BRIEF: Janice McKenzie Cole, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Civil Division, Raleigh, North Carolina, for Appellee.

Before ERVIN, MOTZ, and TRAXLER, Circuit Judges.


Dismissed by published opinion. Judge ERVIN wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge TRAXLER joined.

OPINION

ERVIN, Circuit Judge:

Marvin J. Phillips, Sr. ("Phillips") appeals from the denial of his challenge to a district court order staying state foreclosure actions on two pieces of real property seized by the United States ("the Government") under the substitute assets provisions of 21 U.S.C.A. § 853 (West 1993 &...

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